Daromin Engineering Pty Ltd

[2022] FWCA 3358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daromin Engineering Pty Ltd

(AG2022/3979)

Daracon Group Rail Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 29 SEPTEMBER 2022

Application for approval of the Daracon Group Rail Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Daracon Group Rail Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daromin Engineering Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Daromin Engineering Pty Ltd and its employees, represented by the Rail, Tram and Bus Industry Union. The dispute centred on the application for approval of the Daracon Group Rail Enterprise Agreement 2022. The commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary issue was whether the agreement provided for the protection of employees' minimum entitlements and whether it was made in good faith and without coercion.

The commission examined the provisions of the agreement to ascertain if it met the criteria set out in the Fair Work Act. Key considerations included the extent to which the agreement provided for minimum wages, penalty rates, leave entitlements, and other conditions of employment, as well as whether the agreement was genuinely negotiated and not the result of any improper influence or pressure. The commission also assessed the process through which the agreement was formed to ensure it complied with the requirements for good faith bargaining.

After reviewing the evidence and submissions from both parties, the commission found that the Daracon Group Rail Enterprise Agreement 2022 did indeed meet the statutory criteria for approval. The agreement contained provisions that protected the minimum entitlements of employees and was made in good faith. The commission was satisfied that the process of negotiation was fair and that there was no evidence of coercion or improper influence. Consequently, the commission approved the agreement, finding it to be compliant with the requirements of the Fair Work Act.

The final order of the commission was to approve the Daracon Group Rail Enterprise Agreement 2022, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the relevant employees, providing a framework that balances the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established